My Balances


Nivas1974

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Hi Murthy Forum,

I am new to this site. I just came to know from my friend that I can clarify my doubts related to H1B Salary issues. Coming to my issue details I have come to US in the month of Aug 2016 and I was on bench till Nov 2016 and in Dec 2016 I got a project and worked for client location in NY for 4 months. My LCA location on H1B is Houston, TX. Even though I worked in NY for 4 months my employer did not file extension and he did not pay one penny of salary to me, so in the month of March 2017 I have transferred my H1B to some other employer. On a regular basis I am sending mail to my ex employer asking for my balances, salary dues but I have not got any sort of reply from him.

My Ex-employer has ran the Pay stubs but he did not run pay checks not even for one month.

Now I am planning to log a compliant, so my questions are

i. Am I eligible to log a compliant, if so where I need to?

ii. Whenever I asked regarding extension while worked in NY, my ex-employer kept on saying I am filing this week like that but he never filed extension. What is the risk involved for me if I log a compliant?

iii. I have screenshots of all the 4 months approved timesheets, can I submit these as a proof incase if I can file compliant?

iv. My ex-employer made me to train 4batches each of 12 people on the skill which I worked, telling he will pay me some percentage, which he didnot pay at all?

Can anyone clarify me these doubts and everything is good then I will go further filing complaint.

Regards,

Nivas

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Hi Nivas,

It is a false notion that people on H1B can stay on bench, without work and pay, but that is illegal and such people are staying out of status.  Even though, you are on bench your employer should pay you atleast as per LCA wages. You can lodge a complaint with Department of Labor using form WH4.  search on internet for this form and you can lodge a complaint against such fraud employers.

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On 7/23/2017 at 1:48 PM, satya2k1 said:

Hi Nivas,

It is a false notion that people on H1B can stay on bench, without work and pay, but that is illegal and such people are staying out of status.  Even though, you are on bench your employer should pay you atleast as per LCA wages. You can lodge a complaint with Department of Labor using form WH4.  search on internet for this form and you can lodge a complaint against such fraud employers.

As my ex-employer did not file extension even though my LCA show Houston, TX, I have worked in NY. Is there any risk for me if I file complaint with DOL. Can I mention about class room training's which I have given where he charged amount from the trainees and did not pay me. 

 

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  • 1 month later...
57 minutes ago, Neda said:

There is no timeline. But you're already late, that fraud employer might have already came up with a plan to cover up his crime.

Wrong again. A WH4 can be filed within 1 year of the violation.

20 CFR 655.806(a)(5): " A complaint must be filed not later than 12 months after the latest date on which the alleged violation(s) were committed"

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  • 2 weeks later...

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